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Author :
Sanjay Chaudhary
Posted On 15 November 2010 at 17:01
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Dear Sir/ Madam,
We have consumer protection case against Indian railway. We are pursuing same since 1984. This is regarding bad service and negligence. District court granted Rs. 72000/- (ie Rs. 1000/- per passenger) in 1986 and interest @18% from the date of judgement. Indian railways informed district forum that it has no jurisdiction as railways have got their own tribunal. Finally National forum gave decision that consumer forum has the jurisdiction but the case may be heard in front of State forum instead of district forum. State forum again kept the same compensation as decided by District forum.
In 2003 Indian railway has filled a writ petition in High court hiding judgment given by National Forum which has not come on board till today.
First of all I could not understand how a writ can be admitted in this case.
Since this writ is pending state forum is not proceeding with our application for execution. Kindly guide.
Thanking you,
Best regards,
Sanjay Chaudhary
+91-9890159040
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Expert :
s.subramanian
Posted On 15 November 2010 at 17:31
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Consumer courts have jurisdiction. Press for early disposal of the writ petition
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Expert :
Devajyoti Barman
Posted On 15 November 2010 at 18:49
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The hierarchy to challenge the order of the Stae Forum is the National Commission and not the Writ Court. Agitate this point to the hh court as the Writ s non-maintainable.
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Expert :
Sachin Bhatia
Posted On 15 November 2010 at 19:06
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File an application for early disposal of the complaint.
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Expert :
Kirti Kar Tripathi
Posted On 15 November 2010 at 22:49
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Since National Commission is not a Court, it is only a Tribunal therefore, the orders of the National Tribunal can be challenged by filing of the Writ. However, you can request the High Court to decide the Writ and further can apply for early disposal of the complaint.
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Expert :
gurunarayana rao
Posted On 15 November 2010 at 23:05
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(1) Mr.Sanjay, you have good wisdom. Yes, writ is not at all maintainable. But Railways and its panel lawyers are far below your wisdom or trying to confuse the subject by tapping wrong doors knowing fully well its not maintainable finally. But these words will be uttered by the High Court only after 10 or 15 years, till then the Railways need not bother about the E.P. in the State Forum. It's our fate. Government is the biggest litigant, as it openly criticized by our judiciary.
(2) Coming to your pointed question, I would say that you may approach the National Commission and argue the matter and get a direction from it to the State Forum to proceed with the E.P. pending before it.
(3) I also understand from your query that no Stay has been granted in the Writ Petition which is another plus point for proceeding with the E.P.
(4) As per the hierarchy under the Consumer Protection Act, the National Commission ranks pari passu with the High Court and hence the High Court cannot have any say over the proceedings of the National Commission and the Appellate authority/Higher Court is only the Supreme Court.
(5) If you have any grievance with the National Commission, you may get a direction from the Supreme Court to the State Forum to dispose of the E.P.
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